ELR Citation: 54 ELR 20145
No(s). 22-2471 (ABJ) (D.D.C. Oct 11, 2024) (Jackson, J.)

A district court dismissed for lack of subject matter jurisdiction a nonprofit group's challenge to the Forest Service's and BLM's herd management plan for wild horses and burros in Humboldt-Toiyabe National Forest. The group argued the agencies arbitrarily and capriciously authorized use of surgical sterilization, violated the Wild Free-Roaming Horses and Burros Act by failing to consider less risky alternatives and the impacts of surgical sterilization, and violated NEPA by failing to prepare an EIS and failing to adequately consider impacts of surgical sterilization on the environment. The court found the group failed to establish that its organizational activities had been perceptibly impaired or that it had used its resources to counteract the alleged harm in any way beyond advocating against the agencies' conduct. It dismissed the suit for lack of subject matter jurisdiction.